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NY N013513




July 30, 2007

CLA-2-17:RR:NC:2:228

CATEGORY: CLASSIFICATION

TARIFF NO.: 1701.91.1000, 1701.91.3000, 2106.90.9972, 7323.99.9060

Mr. Shachar Gat
Shonfeld’s USA, Inc.
3100 S. Susan Street
Santa Ana, CA 92704

RE: The tariff classification of drink mixes, sugar, salt, and iron bar jigger from China.

Dear Mr. Gat:

In your letter June 14, 2007, you requested a tariff classification ruling.

Samples, ingredients breakdowns, and pictorial literature were submitted with your letter. The samples were examined and disposed of. Item nos. DM-223152A, B, and C, are comprised of one 375 ml bottle of liquid drink mix containing sugar, placed on top of a smaller bottle filled with colored sugar or colored salt. A metal jigger is fastened around the neck of the bottle. Item no. DM-223152A is composed of a bottle of Pomegranatini Mix and a bottle of colored sugar. Item no. DM-223152B consists of a bottle of Original Margarita Mix and a bottle of colored salt. Item no. DM-223152C contains a bottle of Raspberry Cosmopolitan Mix and a bottle of colored sugar. The colored sugar and colored salt contain no flavor. The bottles containing the drink mixes measure 8-1/2 inches tall and 3 inches in diameter. The bottles containing the sugar or the salt measure 1-3/4 inches tall and 3 inches in diameter.

The applicable subheading for the sugar in item nos. DM-223152A and DM-223152C, if described in additional U.S. note 5 to chapter 17 and entered pursuant to its provisions, will be 1701.91.1000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for cane or beet sugar and chemically pure sucrose in solid formother containing added coloring but not containing added flavoring matter. The rate of duty will be 3.6606 cents per kilogram less 0.020668 cents per kilogram for each degree under 100 degrees (and fractions of a degree in proportion) but not less than 3.143854 cents per kilogram. If not described in additional U.S. note 5 to chapter 17 and not entered pursuant to its provisions, the applicable subheading will be 1701.91.3000, HTSUS. The duty rate will be 35.74 cents per kilogram. In addition, products classified under subheading 1701.91.3000, HTSUS, may be subject to additional duties based on their value as described in subheadings 9904.17.08 to 9904.17.15, HTS.

The applicable subheading for the salt in item no. DM-223152B will be 2501.00.0000, HTSUS, which provides for salt (including table salt and denatured salt) and pure sodium chloride, whether or not in aqueous solution or containing added anticaking or free-flowing agents. The rate of duty will be free.

The applicable subheading for the Pomegranatini Mix in item no. DM-223152A, the Original Margarita Mix in item no. DM-223152B, and the Raspberry Cosmopolitan Mix in item no. DM-223152C will be 2106.90.9972, HTSUS, which provides for food preparations not elsewhere specified or included otherother preparations for the manufacture of beveragescontaining sugar derived from sugar cane and/or sugar beets. The rate of duty will be 6.4 percent ad valorem.

The applicable subheading for the iron bar jigger in each item will be 7323.99.9060, HTSUS, which provides for table, kitchen or other household articles and parts thereof, of iron or steelotherothernot coated or plated with precious metalotherother other. The rate of duty will be 3.4 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), provides, in general, that all articles of foreign origin imported into the United States must be legibly, conspicuously, and permanently marked to indicate the English name of the country of origin to an ultimate purchaser in the United States. The implementing regulations to 19 U.S.C. 1304 are set forth in Part 134, Customs Regulations (CFR Part 134). The samples you submitted do not appear to be properly marked with the country of origin. You may wish to discuss the matter of country of origin marking with the Customs import specialist at the proposed port of entry.

This merchandise is subject to The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which is regulated by the Food and Drug Administration (FDA). Information on the Bioterrorism Act can be obtained by calling FDA at telephone number (301) 575-0156, or at the Web site www.fda.gov/oc/bioterrorism/bioact.html.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Stanley Hopard at 646-733-3029.

Sincerely,

Robert B. Swierupski
Director,

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